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<br /> RESOLUTION NO. 37 <br /> Series 1982 <br /> A RESOLUTION requesting Congress provide appropriate <br />exemptions for municipalities from federal anti-trust liability. <br /> WHEREAS, the exposure of municipalities in Colorado and <br />throughout the country to federal anti-trust lawsuits has been <br />greatly expanded as a result of recent decisions of the United States <br />Supreme Court; and <br /> WHEREAS, the potential for treble damage awards and the <br />substantial expense of defending anti-trust litigation, even if <br />successful, may inhibit municipalities from enacting or enforcing <br />regulations which are intended to protect the public health, safety <br />and welfare, but which also may be deemed to restrict competition; and, <br /> WHEREAS, at least four Colorado municipalities already <br />have been sued under the federal anti-trust laws for various regula- <br />tory activities, with claimed damages, when trebled, exceeding $100 <br />million; and, <br /> WHEREAS, the cost to the taxpayers of one Colorado munici- <br />pality in defending one of these lawsuits, which was settled prior <br />to trial, exceeded $250,000; and, <br /> WHEREAS, municipalities differ from private enterprise <br />in that private enterprise is not charged with protecting the public <br />health, safety and welfare; and, <br /> WHEREAS, numerous protections from municipal regulations, <br />other than treble damages under the federal anti-trust laws, are <br />available such as, public notice, public hearing, public meeting <br />and public record requirements, court review of actions, periodic <br />elections and the rights of initiated referendum and recall, and <br />the continuing authority of the state General Assembly or the <br />people of Colorado to modify the statutory and constitutional <br />authority of Colorado's municipalities; and, <br /> WHEREAS, federal legislation can address the problem <br />directly by seeking a specific exemption from the federal anti-trust <br />laws for local governments and all or some of their activities; and, <br /> .~' .; j J "2<, ..:t l ~:<.. <br /> L~ A? ('. :~':} ,,:iC <;, " <br /> \,.....',; <br /> /:"'..~'~~' ) /"..,,;',/" " <br /> f-"" <br /> 9'';'_-;:, ~~ ./ <br /> ;t>", <br />